Ian asked:  Are there bicycle law toolkits for law enforcement in other states? I live in Maryland and would love to get something like this to my local law enforcement officials.

Answer

Thanks, Ian.  I’ll take that as a compliment.

I am not aware of any similar resource for other states.  I am also not aware of a program like the Bicycle Law Enforcement Program that we are developing that goes into the details of the laws.  There is an excellent national training course for officers that is available, but since it is intended for all states, it does not cover the details of each states’ laws.

National Highway Traffic Safety Administration (NHTSA)

Enhancing Bicycle Safety: Law Enforcement’s Role

This is a CD-ROM self-paced interactive training for all law enforcement officers. It includes seven content sections with videos and a final evaluation. Content includes: Why Law Enforcement; Understanding Bicycle Crashes; Applying Traffic Laws to Cyclists; Specific Laws for Cyclists; Enforcement Techniques; Crash Investigation and Reporting; and Review and Next Steps. Completion of the final evaluation prompts a certificate of completion and the achieved score. Based on their state-defined passing score, the learner may be eligible for in-service training hours. Estimated contact time for completing the training is approximately 2 hours. To request a copy, contact NHTSA’s Safety Countermeasures Division at 202-366-1739 or email Paula Bawer at paula.bawer@dot.gov.

Eventually, when we have completed the Program for Florida, we hope to adapt the materials to the laws of other states.  That’s a long way off though.  We have our hands full now with just Florida.

Dan also asked:  What should a knowledgeable cyclist do in the case of being told by law enforcement to do something which is not required (ride on the sidewalk), and finally threaten “I’ll write you a citation, get off the road now”?

Answer

There is no one size fits all.  Every situation is different.  Rather than try to give a specific answer, let’s discuss a number of examples.  You can decide which, if any, best meets your needs in a particular situation.

At this site, we do not give legal advice.  Rather, we try to present and elaborate on the actual wording of the statutes and give our best interpretation.  Please seek legal advice for  situations that affect you.

First some things to always do.

Whether you have problems or not, your club or local cyclists should try to become involved in advocacy.  Most communities have government entities that are working to help make your roadways better for all.  A Bike/Ped Advisory Committee is an example.  Get involved.

Develop a relationship between the cycling community and law enforcement in your area.  A continuing cooperative effort presents opportunities to discuss and resolve problems, sometimes even before they arise.  A little communication can go a long way.  See Lake County Bicycle Summit and Ride Right/Drive Right Campaign.

If you are not a member, join the FBA.  They are working hard to help you help yourselves.  “I just want to ride my bike” may result in your not being able to ride your bike.

Ask your club to donate $5,000 to help us complete the Bicycle Law Enforcement Program.  Individual contributions welcome also.  More is better.  Less will help.

Here are some things no one should do.

• Never use foul language or be disrespectful, rude or impolite.  The situation can only escalate.
• Don’t enter into a conversation with the intent to show how much smarter you are or how much more you know about the laws.  Having the information does not mean it will necessarily benefit you if it is not presented properly.  Attitude may not be rewarded the way you want.

Instead, if it seems the officer is simply not aware of the laws and is possibly concerned about your safety, and is amenable to a discussion, you may want to ask if you can talk about the situation.   Give the officer every opportunity to retain control.

Having a Bicycle Law Enforcement Guide, which is published by the FBA, and being fully informed of the contents, may be helpful.  That allows a point of reference, rather than just your statements.  It also allows you to give the officer the copy.

When you renew your license tag, get a Share the Road tag.  Part of the proceeds go to FBA.

• When an officer says, “Stop”, do not fail to stop when it is safe to do so.  Anything other than that might be interpreted as a more serious offense that just a traffic violation.  An example:

FS 316.1935 – Fleeing or Attempting to Elude a Law Enforcement Officer; Aggravated Fleeing or Eluding

(1) It is unlawful for the operator of a vehicle, having knowledge that he or she has been ordered to stop such a vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order, willfully attempt to elude the officer, and the person who violates this subsection commits a felony of the third degree ….

Punishment for a third degree felony can be a term of imprisonment not exceeding five years and a fine not to exceed $5,000.

Of course it can get worse if someone is injured in the course of the eluding or fleeing, or resists arrest if it comes to that.

What about the case when an officer does not say, “Stop” or give another clearly lawful  order, but rather simply says “Get on the sidewalk” or “Move to the far right of the lane”.

These are not lawful orders if the statutes do not require those actions.

The following are some examples of possible reactions based on real situations.

1.  Two cyclists (Not in Florida), being ordered off the roadway and onto the shoulder, refused repeatedly.  Things got out of hand and they were Tazered and arrested.  The case was dismissed since the officer had apparently not said, “Stop”, but had just repeated the unlawful order to get off the roadway.  It still hurts, I would imagine.  Lawyers, money, etc.

2.  Another cyclist was arrested twice for riding in the roadway.  That state has laws similar to Florida, and gives cyclists the same rights and duties as other vehicle drivers.  A court date is pending.

This cyclist also noted that he had a number of encounters with other officers in which they had a very polite and professional discussion about the circumstances, and there was no action.

3.  A person was ordered to ride far to the right in what was clearly a substandard-width lane.   The officer stopped and the two had an amiable conversation.  The person is one of the state’s most knowledgeable in the laws about bicycling and is in a government position related to bicycling.  They were very polite and professional and discussed the situation.  They parted friends and the officer thanked him for the information.

4.  A person, after being stopped and warned numerous times not to ride in the middle of a substandard-width lane, was cited twice for failure to keep right.  He wrote a letter to the court and both charges were dismissed before going to court.

5.  A cyclist, preparing to make a left turn and controlling the lane for about 1300 feet, received a citation for not keeping right.  FS 316.151 is very clear that a cyclist can use the full lane, but does not state a distance.  Apparently the cyclist explained in court that he needed to move to the left lane when traffic permitted, and that was the safest action under the circumstances.  The citation was dismissed.

6.  Another person was told by an officer to keep right and flagged the officer down by waving.  The officer apparently thought the cyclist had given that not-so-friendly wave, and stopped.  Needless to say, the conversation didn’t go well, and the cyclist got a citation.  It will soon be resolved in court.

Don’t be confident that just because you know all the laws and follow them, a citation will not be upheld in the courts.  I have heard of valid citations being dismissed because “It’s just a bicycle” and poor citations being upheld because “The Department of Transportation wouldn’t install substandard roadways”.  You just never know.

Lesson to cyclists:  As you can see, all situations are different.  You must decide the best course of action based on your own disposition, your ideals and knowledge of the laws, the officer’s approach, and what you decide is the best outcome under this set of circumstances.

Lesson to officers:  Give orders that are  enforceable and supported by the statutes.  Of course, that means a full knowledge of the laws about cycling.

PURPOSE:

1.  Enhance Officers’ Knowledge of the Laws About Bicycling

2.  Assist Agencies with Bicycling Education and Enforcement Operations

The program was initiated by a request from the Law Enforcement Planning Council of Palm Beach County.  We expect to begin Beta testing soon on the first topics, and complete the program in 2011.

The full program will consist of:

1.  Training Modules (2010)

• Five 5-10 minute web-based modules with video and narrative, web-based component, and pre-training and post-training questions and answers.
• Each module will be on DVD for training use.

2.  Officer Course (2010-11)

• Two-hour interactive web-based training using the first five modules.  The complete program will incorporate approximately 20 modules.
• Video, narrative, pre and post-training questions, with final exam.

3.  Training Officer Course (2011?)

• Full-day course for training officers to become in-house experts
• Instructor based detailed explanation of each module.

Law enforcement agencies are assisting in the development of the program:

• An Officer Advisory Panel consisting of officers around the state to provide advice and critique materials.
• Selected agencies will Beta-test materials to insure the needs of law enforcement departments are met.

All materials will be available to law enforcement agencies and the bicycling community.   Future potential uses include driver training, government officials, and others.

Sgt. Tom McKane (Center) and Deputy Gabriel White, Lake County Sheriff’s Office, with Rick Pitner at the Lake County Bicycle Summit in Mt. Dora, FL.

Lake County is a beautiful county and a particularly attractive cycling venue due to the differences in elevation that are unique to that part of Florida.  The county attracts literally thousands of cyclists annually to ride and train in that environment.  The county actively solicits cycling activities.  The recent Mt. Dora Bicycle Festival drew about 1000 cyclists that stayed in local hotels, visited local restaurants and made a significant contribution to the local economy.

Cyclists and government officials have become aware of an increasing trend in verbal abuse and threats to cyclists by motorists, and are concerned that such acts will discourage cyclists from visiting.  If the trend continues, the resulting negative impact on the otherwise peaceful and friendly environment and economy of the county could be devastating.  The county does not want to become known as unfriendly to cyclists and others.

In July, a group of 35 cyclists and 15 law enforcement officials, led by Sheriff Borders, met to consider possible solutions.  FBA was invited to introduce the Bicycle Law Enforcement Program.  The most important outcome of the meeting was the agreement to form a continuing relationship to address known problems and others that may arise in the future.

Some cyclists are also guilty of contributing to the problems by violating the laws and contributing to an unfavorable image of bicyclists as scofflaws.  The working relationship of cyclists, law enforcement and government officials will foster not only better treatment of cyclists, but also improve cyclists’ compliance with the laws.  A winning resolution for all!

In October, a Bicycle Summit was held in Mt. Dora to discuss and emphasize the continuing efforts of the partnership of the cycling community and law enforcement.  They are pursuing a number of actions to publicize the importance of cooperative use of the roadways.

Relationships such as this are the key to understanding and resolving problems and improving the roadway environment and the quality of life of residents and visitors.